New York Supreme Court, 1887

Kelly v. Moore

New York Supreme Court · Decided January 15, 1887 · Barrett

18 Abb. N. Cas. 468

Counsel

David Thornton (Thornton, Earle & Kiendl, attorneys), ■for the plaintiff, contended, that in the absence of “other •household furniture,” the widow was entitled to $150 in money in lieu thereof, as provided by L. 1874, c. 470., James M. Fish, for the defendant heirs, and others.

Opinion of the Court

Barrett, J.

Mr. Thornton is right in his contention that the exemption of household furniture not exceeding $150 in value, under the act 1874, is in addition to tliatof the same amount of personal property under the act of 1842. And the “set-off’’ may he in money. The authorities cited support this view (see Redfield Surrogate's Pr. 2 ed. 412, note 1, and 413, note 3; and Matter of Miller, 1 Monthly Law Bul. 48).

Motion granted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.